Utilization of any public employee during any enforcement action
after the first warning, where responding police officers determine
there is a violation of this chapter, is a public service over and
above the services generally provided within the city's jurisdiction
and, accordingly, constitutes a special public service.
(Ord. 2075 § 2, 2010)
If no tobacco retailer is available on the premises when the
police are present, or the tobacco retailer refuses to sign receipt
of the notice, a copy of the notice must be posted in a conspicuous
place on the premises on each occasion the police respond.
(Ord. 2075 § 2, 2010)
Tobacco retailers served with a response cost invoice in accordance
with this chapter may appeal the response cost invoice to the city
manager, provided:
(a) A request for review must be commenced within ten days from the date
on which the response cost invoice is served on the tobacco retailer.
If an appeals request is untimely, the city manager may, nevertheless,
extend the time for commencing such review for good cause shown.
(b) A request for appeal must be on a form provided by the city and contain
the following information:
(1) The name, address and telephone number of the person making the request;
(2) A copy of the response cost invoice or, if that document is unavailable,
the approximate date, time, address, and amount of response costs;
(3) A brief description of all grounds for making the request;
(4) Whether an administrative hearing is requested;
(5) Be accompanied by an advance deposit of the response costs or a request
for a hardship waiver; and
(6) Such other information as the city may require.
(c) Upon receiving an appeal, the city manager must appoint an independent
hearing officer to review the request.
(d) If a tobacco retailer requests a hearing, the city clerk will schedule
a hearing on a date not less than fifteen nor more than sixty days
from the date the hearing is requested. Written notice of the date,
time and location of the administrative hearing must be provided to
the tobacco retailer at least fifteen days before the hearing date.
(Ord. 2075 § 2, 2010)
In addition to any other legal remedy, the city may place a
lien on property owned by the tobacco retailer in an amount equal
to the sum of the response costs delinquent for more than ninety days,
plus penalties and interest. If multiple tobacco retailers exist,
they will be jointly and severally liable for any payments so ordered.
(Ord. 2075 § 2, 2010)
Within thirty days following the city council's adoption of
a resolution imposing a lien, the city clerk will file same as a judgment
lien in the Los Angeles County recorder's office.
(Ord. 2075 § 2, 2010)
Each tobacco retailer against whose property an assessment is
levied pursuant to this chapter will also be assessed an administrative
fee in an amount established by city council resolution based on the
costs incurred in levying the assessment. The administrative fee will
be included in the lien amount approved by the city council and recorded
against the tobacco retailer's property.
(Ord. 2075 § 2, 2010)
Once the city receives full payment for outstanding principal,
penalties, and costs, the city clerk will either record a notice of
satisfaction or provide the tobacco retailer with a notice of satisfaction
for recordation at the Los Angeles County recorder's office. This
notice of satisfaction will cancel the city's lien.
(Ord. 2075 § 2, 2010)